How a Malpractice Lawyer Can Help You File a Medical Malpractice Claim

Medical malpractice claims can be among the most difficult and complex to be successful. Top New York malpractice attorneys know how to navigate these cases.

Malpractice occurs when doctors stray from accepted medical practices, causing injury or death. A malpractice lawsuit that is successful can provide compensation to cover the past and future medical expenses, lost wages and consortium in addition to suffering and pain.

Medical Records

Medical records are a critical part of any medical negligence case. They often contain a quantity of information, ranging from initial diagnoses to treatment plans. These records include digital images of patients, flowsheets for surgical reports, intensive care units or operations, EKG tracings and other relevant documents. These documents can be used by a lawyer to determine if a doctor's actions fell below the standards of practice, and caused harm.

Many healthcare providers and hospitals are required to provide copies of patients' medical records upon request. If a medical professional requests records as part of the possibility of a lawsuit, they may experience significant administrative delays. An experienced and dedicated New York City medical malpractice attorney can help obtain these records quickly and efficiently.

The statute of limitations is a time limit within which a medical malpractice claim has to be filed. In New York this means you have just two and a quarter years to file a lawsuit beginning from when the act, omission, or failure caused harm to you.

Your lawyer must gather as much evidence as they can in the beginning stages of a medical malpractice case. This includes all of your medical records including the information mentioned above along with hospital invoices, eyewitnesses' statements as well as photos of your injuries.

Expert Witnesses

Medical malpractice cases usually require the use of experts as witnesses. They are typically medical professionals with the capacity to give an opinion regarding the case and whether negligence occurred or not. They are often called upon to look over the medical records of the case, and they might also be required to testify personally during the trial.

A surgeon assistant, nurse, physician, doctor, or any other healthcare professional with significant training and practical experience can be an expert witness. They can help explain complex medical aspects of a case so that the jury can better understand their role.

A medical expert's report can be a powerful tool in proving that the defendant violated their duty to care and caused you harm. Experts are required by law to swear that they only provide information they believe to be true. They are liable for false claims which are later found to be false, therefore it is essential to only select experts who are reliable and trustworthy.

A seasoned lawyer who specializes in malpractice cases can review the situation and determine if an expert witness is required. In some cases, the expert's report is not necessary since the medical documents are clear and demonstrate that the physician or healthcare professional committed a mistake that led to your injury or additional health issues.

Depositions

The testimony of a reliable witness can establish that the medical professional did not to perform his duty of care. Your malpractice lawyer may be able to identify witnesses like nurses, pharmacists radiology technicians doctors who read test results ambulance attendants or other health care professionals who were in the operating room at the time of the wrongful act or who witnessed it from another location. These witnesses can be deposed and provide important information to back your claim.

There are many types of damages that your New York malpractice attorney may be able to recover on your behalf in an effective lawsuit. You can seek to recover your real financial losses, including medical bills and lost wages. Non-economic damages are also accessible, such as pain and suffering, loss enjoyment of life, disfigurement and mental or emotional distress.

Some states cap the amount a patient may receive for a medical malpractice lawsuit. Your attorney can explain how this impacts your case.

While the consequences of a medical error may be devastating, thousands of people do receive compensation from healthcare providers and the hospitals or clinics where they work. A New York medical malpractice lawyer has the knowledge and resources to present a compelling claim for you and your family.

Trial

Due to an error in the prescribing or dispensing of medication patients may suffer numerous injuries. For instance, a misstep when administering a blood thinner to patients who are already at risk for strokes can be fatal. Duffy & Duffy, New York lawyers have the ability to file malpractice lawsuits against doctors and pharmacists who prescribe drugs that cause severe injury.

Even if a medical professional certifies that a healthcare provider did not meet the standard of care, proving the provider's actions caused the victim's injuries is difficult. A seasoned malpractice lawyer will use hospital or doctor policies as well as protocols and guidelines to construct a case that establishes the defendant's negligence.

Many medical malpractice lawsuits settle prior to trial. A knowledgeable attorney will be able to present your case to the court if the insurance company is unwilling to accept a reasonable settlement during the pre-trial negotiations, or if a jury verdict could result in a higher damage award. A medical malpractice attorney might decide to appeal a lower court's decision, depending on the strength and merits of your case. This process can be time-consuming and requires expert witnesses. However, it's essential to ensure your case receives a fair hearing.